You can refuse to take a breathalyzer or other blood, breath, or chemical test if you’ve been arrested for suspicion of driving under the influence (DUI) or driving while ability impaired (DWAI) in Colorado. You have no right to refuse a breathalyzer or other blood, breath, or chemical test if you’ve been arrested for suspicion of driving under the influence (DUI) or driving while ability impaired (DWAI) in Colorado.
Is that clear?
Those two seemingly contradictory sentences are both true. Let me explain.
The holidays are upon us and that means that holiday parties are upon us as well. Office parties, gatherings of families and friends, New Year’s Eve festivities – these annual events almost always have one thing in common: booze. Statistics show that the number drunk driving accidents, injuries, and deaths spike during the holiday season. Colorado law enforcement knows this; that’s why they are especially aggressive in going after drunk drivers during this most wonderful time of the year.
You’ve probably heard the old phrase that “the pen is mightier than the sword.” When it comes to stealing other’s property through fraud and forgery, the deception and lies written by that pen can result in years behind bars and a life of being branded a dishonest thief.
In Colorado, if you take someone else’s property without their consent, you won’t be charged or convicted for stealing. Stealing is not a crime.
But stealing is the underlying basis for a number of separate and distinct crimes under Colorado law. Theft is a crime. Robbery is a crime. Burglary is a crime. If you’re caught stealing, you will face criminal charges for one of these offenses, each of which comes with severe penalties upon conviction.
Being in the wrong place at the wrong time can get you in a lot of trouble. Being in a place you have no legal right to be at a time you have no right to be there can also get you charged with the crime of criminal trespassing in Colorado. Sometimes, however, it isn’t always clear whether or not someone was within their rights to be on a given piece of property. If you have been charged with trespassing, or believe someone has trespassed on your property, it is important to understand what the crime of trespassing involves and what it does not.
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James Newby Law
102 S. Tejon Street, Suite 1100
Colorado Springs, CO 80903
Hours: M-F 8:30am - 5:00pm